In accordance with notice to members of the Rhode Island Coastal Resources Management Council, a meeting was held on Tuesday, March 12, 2019 at 6:00 p.m. in Conference Room A, Administration Building, One Capitol Hill, Providence, RI.

Members Present
Jennifer Cervenka, Chair
Raymond Coia, Vice Chair
Don Gomez
Ron Gagnon, RIDEM
Mike Hudner
Michelle Collie
Joy Montanaro
Trish Reynolds
Michelle Collie

Members Excused
Jerry Sahagian
Lisette Gomes

Staff Present
Grover Fugate, Executive Director
Jeff Willis, Deputy Director
Caitlin Chaffee, Coastal Policy Analyst
David Beutel, Aquaculture Coordinator
John Longo, Legal Counsel

1. CALL TO ORDER

Chair Cervenka called the meeting to order at 6:00 p.m.

2. APPROVAL OF THE MINUTES OF THE PREVIOUS MEETING

Chair Cervenka called for approval of minutes:

• February 23, 2019
  Motion: Vice Chair Coia
  Second: Mr. Gomez
  Chair Cervenka asked for minor edits.
  Motion to approve with edits carried on a unanimous voice vote

3. SUBCOMMITTEE REPORTS

None.

4. STAFF REPORTS

Mr. Fugate updated the Council on the following:

• Vineyard Wind completion
  Progress in DWW Southfork Wind Farm review
  Future wind farms along the Northeast coastal zone
  Allocation of $7 million from the Green Economy and Clean Water Bond for dredging of Providence River.
  Providence Harbor Project
  CRMC management of the Cad Cell
  Point Judith Dredging project
  Old Harbor Dredge Project
  Winnapaug Restoration Project involving Army Corps of Engineers and Town of Westerly

5. Coastal Habitat Restoration Trust Fund Applications Before The Council For Review And Decision

The RI Coastal Habitat Restoration Team’s Technical Advisory Committee (TAC) convened on Tuesday, February 20, 2019 to rank the 8 final proposals submitted to CRMC for consideration of funding under the state’s Coastal and Estuary Habitat Restoration Trust Fund. Of the proposals reviewed for the 2018-2019 funding cycle, six are recommended for funding.

The projects recommended for funding are:

1. Marsh Elevation Enhancement in Quonochontaug Pond ($50,000)
2. Increasing the Ecological and Community Resiliency of the Kickemuit River ($75,000)
3. Enhancing Ecosystem Resilience at Napatree Point ($18,100)
4. Salt Marsh Adaptation and Salt Marsh Migration Facilitation along Hundred Acre Cove ($5,000)
5. San Souci Drive Separated Bicycle and Pedestrian Facility ($16,900)
6. Improving Fish Passage at Hamilton Fish Ladder, North Kingstown ($60,000)

The projects not recommended for funding are:

1. Green Hill Pond Stormwater Attenuation and Source Reduction
2. Improve Water Quality in Long and Champlin Coves

In addition, the committee has created a contingency list of projects to be funded in the event that a project recommended for funding is unable to go forward or the requested funds are not needed due to unforeseen circumstances.

2018-2019 Contingency List:

1. Remainder of requested funds for Improving Fish Passage at Hamilton Fish Ladder ($10,000)

Chair Cervenka recused herself from this portion of the meeting. Vice Chair Coia ran this portion of the meeting.

Ms. Chaffee gave a brief over view of the history of the Coastal Habitat Restoration Trust Fund explaining that CRMC has awarded over 3.3 million dollars which has in turn leveraged over 27 million dollars.

Ms. Chaffee stated that this year, the CHRTF had received eight (8) full proposals and that the Technical Advisory Committee was recommending 6 projects for full funding with one application on a contingency list in the event that funds need to be reallocated.

Ms. Chaffee explained that each project in the agenda packet contained a narrative and that she was available for questions.

Chair Coia asked about the projects that were not recommended. Ms. Chaffee stated that, many times, recommendations for different funding sources are made or applicants are guided to a more appropriate funding source.

Mr. Gomez, based on the recommendations set forth by the Technical Advisory Committee, motioned to approve. Mr. Gomez commended Ms. Chaffee for an excellent job. The motion was seconded by Ms. Reynolds and Mr. Hudner.

Motion approved on a unanimous voice vote.

6. APPLICATIONS WHICH HAVE BEEN OUT-TO-NOTICE AND ARE BEFORE THE FULL COUNCIL FOR DECISION:

2017-11-061 MARK KEELEY – Create and maintain a small sub-tidal oyster farm (~0.3 acres) using a rack and bag system in Quonochontaug Pond. Up to 60 racks would be on the two part site. Located in Quonochontaug Pond, Charlestown, RI.

Mr. Beutel briefed the Council stating that the application has been previously heard at the January 8, 2019 Semimonthly Meeting and that the Council had continued the agenda item to allow the applicant to work with the two objectors to resolve the issues. Mr. Beutel stated that Mr. Keeley was able to do that and resubmitted a modified plan on January 23rd. Mr. Beutel explained that the Charlestown Coastal Pond Committee and Charlestown Town Council had both removed their objections based on the modified plan. Mr. Beutel stated that one letter of objection pertained to local ordinances. Mr. Beutel stated that CRMC staff recommended approval of the applications.

Chair Cervenka asked for confirmation that the Town has removed their objections subject to the conditions that new coordinates were agreed to and that all the gear will be under water at all times outside of the mooring field. Chair Cervenka confirmed that CRMC does not regulate land based support activities unless a structure is being built.

Mr. Keeley confirmed that he is in agreement with the modifications and that he was present to answer questions.

With no objectors present, the public comment period was closed.

Vice Chair Coia motioned approval; seconded by Mr. Gagnon and Mr. Hudner.

Motion carried on a unanimous voice vote.

Chair Cervenka thanked Mr. Keeley for working with the town to work through the objections.

2018-04-078 JOHN F. CRANDALL – Create and maintain a 1.5 shellfish farm for oysters, hard shell clams, and softshell clams using two methods: direct bottom plant; and rack and bag. Located in Quonochontaug Pond, Charlestown, RI.

Attorney Corey Allard was present representing Mr. Crandall who was absent due to health reasons.

Attorney Robin Main was present representing objector Charles Glew.

Attorney Matthew Oliverio was present representing abutter/objector Brian Whitney.

Mr. Beutel gave a brief overview of the application stating that this application was also scheduled for the January 8, 2019 Semimonthly meeting but was continued prior to the hearing so that Mr. Crandall could work to resolve Mr. Whitney’s objections. Mr. Beutel explained that Mr. Crandall was asking for approval of a 1.5 acre aquaculture lease containing both cage aquaculture and bottom planting and growing oysters, who live on top of the sediment and quahogs and steamers that live in the sediment. Agenda packet page 5 and 6 Maps were used as referenced.

Mr. Beutel explained that the application received letters of support from HPHC, DEM Fish & Wildlife, Marine Fisheries and a letter of No Significant Impact from the Office of Water Resources.

Mr. Beutel explained that letters of objection were received from Mr. Glew and the Town of Charlestown and that their main concern was the landside use which CRMC does not regulate. Mr. Beutel stated that Phil Capaldi submitted questions but did not object.

Mr. Beutel stated that Mr. Whitney provided a letter of objection with 6 major points:

1. Proposed aquaculture would impede recreation and navigation around his dock.
   Mr. Beutel maintained that the water is shallow around the Whitney dock where Mr. Crandall proposed bottom planting which should have no effect on the depth of the water or their use of the dock. No prohibition to using boat on any site, staff opinion remains unchanged.
2. Quonnie Pond is designated Type 2 waters and the need for aquaculture must be demonstrated.
   Mr. Beutel stated that aquaculture is permitted in all water types and that starting a business was sufficient to show need.
3. Application does not include map of proposed layout
   Mr. Beutel stated that all three were included in application and that they are on page six with a cross section on page 20 of the Agenda package and all were included with the original application.
4. Landside use
   CRMC does not regulate unless building a structure
   Mr. Longo explained CRMC position regarding local ordinances
5. Henry’s Marina
   CRMC staff agrees that it is irrelevant as there is no marina there and CRMC will not permit a Marina in this location. Mr. Beutel explained that Mr. Crandall added this to his application because to show that the Town accepted money for fees for Henry’s Marina.
6. Access
   CRMC staff asserts that Mr. Whitney’s access will not be hindered as Mr. Crandall accesses his moorings by walking out from his property

Mr. Gagnon suggested that CRMC stipulation that cages can only be used in water over the depth of three (3) feet. Water under the depth of three (3) feet would be bottom planted.

Mr. Beutel stated that the application will discussed at the ACOE PGP meeting if it is approved by the CRMC.

Mr. Allard, after confirming that he could make binding decisions/compromises for his client, addressed the Council stating that Mr. Crandall has met all the requirements of CRMC for his lease area that that, in regards to the area that Mr. Whitney is objecting to, Mr. Crandall is proposing only bottom plant which will not impact the navigation in the area. Mr. Allard stated that Mr. Crandall and Mr. Whitney have not been able to come to an agreement in regards to compromises.

Mr. Allard agreed that Mr. Glew’s landside use objection is not regulated by the CRMC.

Mr. Oliveri and Mr. Whitney, who was duly sworn, addressed the Council regarding Mr. Whitney’s concerns on recreation and navigation in the vicinity of his dock. Mr. Whitney explained that there were rocks in the area that prevent him from just pulling up to his dock and that he would have to maneuver through the aquaculture field to be able to dock his boat properly. Mr. Whitney expressed his concern of the bottom planting as there are times when the water depth is very shallow and his 450 horsepower engine propeller digs up the bottom. Mr. Whitney asked that the field by reduced by 50’.

Mr. Beutel stated that the reduction of the site by 50’ would reduce the lease to 1.25 acres and that rather than a 50’ parallel down the side of the site, just cut off a corner of the site to stay away from Mr. Whitney’s navigation area.

Mr. Longo identified the map they were using as exhibit.

Mr. Fugate stated that if the Council approved the application with the reduction, CRMC staff can work out the particulars.

Ms. Main addressed the Council asking that a stipulation be added to the assent stating that approval does not extend to any land site usage. Ms. Main stated that with that stipulation, Mr. Glew does not have any further objections.

No other objectors

Mr. Allard confirmed that Mr. Crandall would not object to modifying the lease site by removing a corner.

Chair Cervenka closed public comment period.

Mr. Fugate reiterated that staff would work with applicant on the modification; and that if it cannot be worked out, it will be brought back to the Council.

Mr. Gomez suggested using the maximum square foot of 5000 for modification, but not over that.

Mr. Hudner motioned to approve that application with stipulations and to reduce the corner by not more than 5000 square feet to be worked out with CRMC and applicant along with coordinates. Mr. Gomez seconded the motion.

Motion carried on a unanimous voice vote.

9. ADJOURN

Motion to Adjourn:
Motion: Vice Chair Coia
Second: Mr. Hudner
Motion carried on unanimous voice vote.

Meeting adjourned at: 7:00 p.m.

 

Respectfully submitted,

Lisa A. Turner
Recording Secretary

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